18.03.070 Reimbursement for Master Planned Storm Drain Lines.
Any development requiring the installation of storm drain must design and construct the storm drain for future buildout of all properties discharging to the storm drain, following the general assumptions and facilities shown in the Storm Drain Master Plan. Any person who incurs the expense of installing a master planned storm drain line that will also be utilized by other developments may receive reimbursement for the cost of upsizing the storm drain by one of the following methods, to be determined by the Public Works Director, or the Director’s designee:
(1) A reimbursement agreement, subject to the following:
(a) The party installing the master planned storm drain line (the “reimbursed party”) shall enter into a written reimbursement agreement with the City before the line is completed. The total amount to be reimbursed under the reimbursement agreement shall not exceed the estimated total construction cost of the master planned storm drain line minus the estimated total construction cost of installing a storm drain line required solely for the developed property of the reimbursed party.
(b) If, within ten (10) years from the date of the reimbursement agreement, a party connects to the master planned storm drain line described above (the “connecting party”), the connecting party shall pay to the City, at the time the connecting party’s building permit is issued, the amount required in the reimbursement agreement (the “reimbursement amount”). The reimbursement amount paid by a connecting party pursuant to this Section is separate from and in addition to the payment of storm drain service fees, inspection fees, and impact fees.
(c) After payment of the reimbursement amount by the connecting party, the reimbursed party shall be paid the reimbursement amount by the City. In no event shall the reimbursed party’s right of reimbursement exceed the reimbursement amount actually collected by the City from the connecting party.
(d) If Provo City installs at City expense a main line, Provo City may receive reimbursement from connecting parties pursuant to this Section as though the City were a private party by charging connecting parties a reimbursement amount calculated as if the City were the reimbursed party under this Section. The agreement described in Subsection (1)(a) of this Section shall not be required for reimbursement to the City.
(2) A credit to impact fees, provided the proposed facility is eligible to receive impact fee funding.
(3) Direct reimbursement from City storm water funds.